Employees' Rights in Summary Dismissal in Westland

# Employees' Rights in Summary Dismissal in Westland Employees in Westland, such as greenhouse workers or glasshouse horticulture staff, who receive summary dismissal due to alleged misconduct retain crucial rights under the Dutch Civil Code (BW). In this region with much seasonal labour, dismissal does not suspend obligations until judicial review by the subdistrict court in The Hague. ## Direct Appeal Procedure Within two months, the subdistrict court in The Hague may be requested to annul the dismissal (Article 7:686 BW). Until the judgment, the employment relationship continues; salary must be paid through, crucial for Westland workers with low margins. ## Retention of Unemployment Benefit Right Despite dismissal, the employee retains the right to unemployment benefit (WW) if it is not attributable to him. UWV Westland independently assesses the urgent cause, but often follows the subdistrict court. Local trade unions such as FNV AgriPort highlighted this in recent dismissals in the greenhouses. ## Transitional Compensation in Valid Dismissal In valid dismissal, the transitional compensation does not automatically lapse; it applies only in regular dismissal. However, in invalid dismissal in Westland, it is still awarded plus extras, as seen in cases with tulip growers in Monster. ## Burden of Proof and Local Assistance The employer bears the burden of proof. Employees in Westland may engage a trade union or lawyer; CNV Vakmensen in Naaldwijk offers free consultation hours and legal expenses insurance often covers costs. In the case *FNV/Glazen Tuinder Westland*, an employee won due to lack of evidence regarding sick leave. Knowledge of rights prevents disadvantage in the flourishing but competitive Westland horticulture. This article advises immediate action via local legal assistance in Poeldijk or 's-Gravenzande. (248 words)